HomeMy WebLinkAboutC-1533 - Sale of Water Outside the Cityf
CITY OF NEWPORT BEACH
CALIFORNIA
Gity Hall
3300 W. Newport Sivd.
Area Code 714
673 -2110
DATE Ju13r 30, 1973
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 153q thY,,, 1537
Description of Contract C;t;E
Authorized by Resolution No. o,1nl, Q.,, RnnR , adopted on -limp 11 � 1973
Effective date of Contract
Contract with
Address Memorial -Park, Nicolai 9 Christ and Orange County Sanitation District.
Amount of Contract — purehaser Pays city
-city e c
Note: Copies sent to T. Phillips for transmittal
to all 5 purchasers. 7 -11 -73 LL
E
WATER CONTRACT
f
THIS CONTRACT, made and entered into this 1pT day
of �1i� lam, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter referred
to as "City ", and Armstrong Petroleum Corporation, hereinafter
referred to as "Purchaser ";
WITNESSETH:
WHEREAS, City has water in excess of that necessary
to supply the inhabitants of City and others to whom the City
has an obligation to supply water; and
WHEREAS, Section 14.04.170 of the Newport Beach
Municipal Code provides that the City may sell such excess water
outside the City on a month -to -month basis or by contract, with
reference hereby made to said Section for further particulars
and the conditions under which this contract is made; and
WHEREAS, Purchaser desires to purchase excess water
for use outside the City of Newport Beach;
NOW, THEREFORE, IN CONSIDERATION of their mutual
promises and in consideration of the City's furnishing water,
the parties agree as follows:
1. The term of this contract shall be from July 1,
1973 , through June 30, 1974 , both dates inclusive.
2. Purchaser agrees to pay a readiness to serve charge
and water rates as set out in Sections 14.12.040 and 14.12.090,
respectively, of the Newport Beach Municipal Code as they now
exist or may during the term hereof be amended. Payments for
the water used are to be made bimonthly at the time and in the
manner provided by the Newport Beach Municipal Code and the
-1-
• f
rules and regulations of the City.
3. Purchaser will at all times comply with all
present rules and regulations of the City pertaining to the
furnishing of water and such further rules and regulations
pertaining thereto as may be prescribed from time to time
during the term hereof.
4. The water sold hereunder is sold only as excess
water and is sold in accordance with and subject to the pro-
visions of the Newport Beach Municipal Code, and particularly
Sections 14.04.170, 14.04.190, and 14.04.200 thereof, which
are hereby incorporated and made a part hereof by reference.
The City Council may declare at any time during the term of
this contract that the City has not sufficient excess water to
sell, and may thereupon terminate this contract by giving ten
(10) days' written notice to that effect to Purchaser.
5. None of the provisions of this contract shall
mean or be construed to mean that City is required to sell its
excess water to Purchaser or otherwise, or that such water
once furnished shall continue to be furnished. It is understood
and agreed that the water to be furnished hereunder shall be
furnished only during such time as the City Council may in its
judgment believe that the furnishing will not impair an adequate
supply for use within the City. Purchaser hereby waives all
claims and agrees to indemnify and hold City harmless from all
claims, demands, or actions that may result directly or indirectly
from the service of water or from said service being discontinued
or interrupted for any reason during the term or at the end of
this contract.
6. Special conditions: (If none, so state.)
-2-
E
IN WITNESS WHEREOF, the City of Newport Beach has
by Resolution of the
-3- y.v
corporate name to be
affixed by the Mayor
and Purchaser has ex
first above written.
City Council on the //-rA day of
-, 1-77-3 , authorized and directed its
signed and its corporate seal to be
and City Clerk, respectively, of the City,
Bcuted this contract as of the day and year
CITY OF NEWPORT BEACH
r, -
Mayor
-c
�P ATTEST:
City Clerk
CITY
ARMSTRONG PETROI,PIINj CORPORATTION
By: C
Title: 'c - ✓ J
By:
Title:
-3-
PURCHASER
dm
6/1/73
• •
RESOLUTION N0, Q {1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING TFE EXECUTION OF
A CONTRACT TO SERVE WATER OUTSIDE THE CITY TO
ARMSTRONG PETROLEUM CORPORATION
WHEREAS, there has been presented to the City Council
a certain contract between the City of Newport Beach and
Armstrong Petroleum Corporation
as Purchaser,
wherein the City agrees to sell water outside the City to said
Purchaser; and
WHEREAS, the City Council has considered the terms
and conditions of said contract and found them to be fair and
equitable;
NOW, THEREFORE, BE IT RESOLVED that the water contract
between the City of Newport Beach and said Purchaser, with a
term from July 1, 1973 through June 30, 1974 both dates
inclusive, is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the City
of Newport Beach.
ADOPTED this 11th day of
yor
ATTEST:
City Clerk
June
1973
RECEIVED,
JUN 18 1973
GENERAL CRUDE OIL CO.
WATER CONTRACT
•
THIS CONTRACT, made and entered into this Il rl/ day
of fy >�_ ig;7 3 , by and between the CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter referred
to as "City ", and GENERAL CRUDE OIL COMPANY , hereinafter
referred to as "Purchaser ";
WITNESSETH:
WHEREAS, City has water in excess of that necessary
to supply the inhabitants of City and others to whom the City
has an obligation to supply water; and
WHEREAS, Section 14.04.170 of the Newport Beach
Municipal Code provides that the City may sell such excess water
outside the City on a month -to -month basis or by contract, with
reference hereby made to said Section for further particulars
and the conditions under which this contract is made; and
WHEREAS, Purchaser desires to purchase excess water
for use outside the City of Newport Beach;
NOW, THEREFORE, IN CONSIDERATION of their mutual
promises and in consideration of the City's furnishing water,
the pasties agree as follows:
1. The term of this contract shall be from July 1,
1973 , through June 30, 1974 , both dates inclusive.
2. Purchaser agrees to pay a readiness to serve charge
and water rates as set out in Sections 14.12.040 and 14.12.090,
respectively, of the Newport Beach Municipal Code as they now
exist or may during the term hereof be amended. Payments for
the water used are to be made bimonthly at the time and in the
manner provided by the Newport Beach Municipal Code and the
-1-
0 0
rules and regulations of the City.
3. Purchaser will at all times comply with all
present rules and regulations of the City pertaining to the
furnishing of water and such further rules and regulations
pertaining thereto as may be prescribed from time to time
during the term hereof.
4. The water sold hereunder is sold only as excess
water and is sold in accordance with and subject to the pro-
visions of the Newport Beach Municipal Code, and particularly
Sections 14.04.170, 14.04.190, and 14.04.200 thereof, which
are hereby incorporated and made a part hereof by reference.
The City Council may declare at any time during the term of
this contract that the City has not sufficient excess water to
sell, and may thereupon terminate this contract by giving ten
(10) days' written notice to that effect to Purchaser.
5. None of the provisions of this contract shall
mean or be construed to mean that City is required to sell its
excess water to Purchaser or otherwise, or that such water
once furnished shall continue to be furnished. It is understood
and agreed that the water to be furnished hereunder shall be
furnished only during such time as the City Council may in its
judgment believe that the furnishing will not impair an adequate
supply for use within the City. Purchaser hereby waives all
claims and agrees to indemnify and hold City harmless from all
claims, demands, or actions that may result directly or indirectly
from the service of water or from said service being discontinued
or interrupted for any reason during the term or at the end of
this contract.
6. Special conditions: (If none, so state.)
-2-
0 0
IN WITNESS WHEREOF, the City of Newport Beach has
by Resolution of the
rT � i £
corporate name to be
affixed by the Mayor
and Purchaser has ex
first above written.
City Council on the ii a,� day of
x-93 , authorized and directed its
signed and its corporate seal to be
and City Clerk, respectively, of the City,
:cuted this contract as of the day and year
CITY OF NEWPORT BEACH
-e'
By "Y�.E
Mayor
U ATTEST,
City Clerk'
CITY
GENERAL CRUDE OIL C MPANY ,
i
Title
District Manager
By:
Title;
-3-
PURCHASER
dm
6/1/73
0 •
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
A CONTRACT TO SERVE WATER OUTSIDE THE CITY TO
GENERAL CRUDE OIL COMPANY
WHEREAS, there has been presented to the City Council
a certain contract between the City of Newport Beach and
General Crude Oil Company
, as Purchaser,
wherein the City agrees to sell water outside the City to said
Purchaser; and
WHEREAS, the City Council has considered the terms
and conditions of said contract and found them to be fair and
equitable;
NOW, THEREFORE, BE IT RESOLVED that the water contract
between the City of Newport Beach and said Purchaser, with a
term from July 1, 1973 , through June 30, 1974 , both dates
inclusive, is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the City
of Newport Beach,
ADOPTED this
ATTEST:
City Clerk
11th day of
Mayor
June
1973
L
WATER CONTRACT
0
THIS CONTRACT, made and entered into this day
of ti��� Y _ , 1-72-3, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter referred
to as "City ", and - PACIFIC VIEW MEMORIAL PARK , hereinafter
referred to as "Purchaser ";
WITNESSETH:
WHEREAS, City has water in excess of that necessary
to supply the inhabitants of City and others to whom the City
has an obligation to supply water; and
WHEREAS, Section 14.04.170 of the Newport Beach
Municipal Code provides that the City may sell such excess water
outside the City on a month -to -month basis or by contract, with
reference hereby made to said Section for further particulars
and the conditions under which this contract is made; and
WHEREAS, Purchaser desires to purchase excess water
for use outside the City of Newport Beach;
NOW, THEREFORE, IN CONSIDERATION of their mutual
promises and in consideration of the City's furnishing water,
the parties agree as follows:
1. The term of this contract shall be from July 1,
1973 , through June 30, 1974 , both dates inclusive.
2. Purchaser agrees to pay a readiness to serve charge
and water rates as set out in Sections 14.12.040 and 14.12.090,
respectively, of the Newport Beach Municipal Code as they now
exist or may during the term hereof be amended. Payments for
the water used are to be made bimonthly at the time and in the
manner provided by the Newport Beach Municipal Code and the
-1-
0 0
rules and regulations of the City.
3. Purchaser will at all times comply with all
present rules and regulations of the City pertaining to the
furnishing of water and such further rules and regulations
pertaining thereto as may be prescribed from time to time
during the term hereof.
4. The water sold hereunder is sold only as excess
water and is sold in accordance with and subject to the pro-
visions of the Newport Beach Municipal Code, and particularly
Sections 14.04.170, 14.04.190, and 14.04.200 thereof, which
are hereby incorporated and made a part hereof by reference.
The City Council may declare at any time during the term of
this contract that the City has not sufficient excess water to
sell, and may thereupon terminate this contract by giving ten
(10) days' written notice to that effect to Purchaser.
5. None of the provisions of this contract shall
mean or be construed to mean that City is required to sell its
excess water to Purchaser or otherwise, or that such water
once furnished shall continue to be furnished. It is understood
and agreed that the water to be furnished hereunder shall be
furnished only during such time as the City Council may in its
judgment believe that the furnishing will not impair an adequate
supply for use within the City. Purchaser hereby waives all
claims and agrees to indemnify and hold City harmless from all
claims, demands, or actions that may result directly or indirectly
from the service of water or from said service being discontinued
or interrupted for any reason during the term or at the end of
this contract.
6. Special conditions: (If none, so state.)
-2-
Ll
0
IN WITNESS WHEREOF, the City of Newport Beach has
by Resolution of the
of c>aJc
corporate name to be
affixed by the Mayor
and Purchaser has ex
first above written.
t'
y
City Council on the / /e'
/9"7 , authorized and dire(
signed and its corporate seal
and City Clerk, respectively,
ecuted this contract as of the
day of
:ted its
to be
of the City,
day and year
CITY OF NEWPORT BEACH
Mayor
ATTEST:
f 2GG2cL I �9�E2
City Clerk
C ITY
PACIFIC VIEW MEMORIAL PARK
By 1 E._
Title::
-3-
PURCHASER
dm
6/1/73
0 0
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ii -WPORT BEACH AUTHORIZING THE EXECUTION OF
A CONTRACT TO SERVE WATER OUTSIDE THE CITY TO
PACIFIC VIEW MEMORIAL PARK
WHEREAS, there has been presented to the City Council
a certain contract between the City of Newport Beach and
Pacific View Memorial Park , as Purchaser,
wherein the City agrees to sell water outside the City to said
Purchaser; and
WHEREAS, the City Council has considered the terms
and conditions of said contract and found them to be fair and
equitable;
NOW, THEREFORE, BE IT RESOLVED that the water contract
between the City of Newport Beach and said Purchaser, with a
term from July 1, 1973 , through June 30, 1974 , both dates
inclusive, is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the City
of Newport Beach.
ADOPTED this 11th day of Tune 1973
Mayor
ATTEST:
City Clerk
0
WATER CONTRACT
L
THIS CONTRACT, made and entered into this le z:K day
of y4j t %�� , /973 , by and between the CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter referred
to as "City ", and NICOLAI & CHRIST,a partnership , hereinafter
referred to as "Purchaser ";
WITNESSETH:
WHEREAS, City has water in excess of that necessary
to supply the inhabitants of City and others to whom the City
has an obligation to supply water; and
WHEREAS, Section 14.04.170 of the Newport Beach
Municipal Code provides that the City may sell such excess water
outside the City on a month -to -month basis or by contract, with
reference hereby made to said Section for further particulars
and the conditions under which this contract is made; and
WHEREAS, Purchaser desires to purchase excess water
for use outside the City of Newport Beach;
NOW, THEREFORE, IN CONSIDERATION of their mutual
promises and in consideration of the City's furnishing water,
the parties agree as follows:
1. The term of this contract shall be from July 1,
1973 , through June 30, 1974 , both dates inclusive.
2. Purchaser agrees to pay a readiness to serve charge
and water rates as set out in Sections 14.12.040 and 14.12.090,
respectively, of the Newport Beach Municipal Code as they now
exist or may during the term hereof be amended. Payments for
the water used are to be made bimonthly at the time and in the
manner provided by the Newport Beach Municipal Code and the
-1-
0 0
rules and regulations of the City.
3. Purchaser will at all times comply with all
present rules and regulations of the City pertaining to the
furnishing of water and such further rules and regulations
pertaining thereto as may be prescribed from time to time
during the term hereof.
4. The water sold hereunder is sold only as excess
water and is sold in accordance with and subject to the pro-
visions of the Newport Beach Municipal Code, and particularly
Sections 14.04.170, 14.04.190, and 14.04.200 thereof, which
are hereby incorporated and made a part hereof by reference.
The City Council may declare at any time during the term of
this contract that the City has not sufficient excess water to
sell, and may thereupon terminate this contract by giving ten
(10) days' written notice to that effect to Purchaser.
5. None of the provisions of this contract shall
mean or be construed to mean that City is required to sell its
excess water to Purchaser or otherwise, or that such water
once furnished shall continue to be furnished. It is understood
and agreed that the water to be furnished hereunder shall be
furnished only during such time as the City Council may in its
judgment believe that the furnishing will not impair an adequate
supply for use within the City. Purchaser hereby waives all
claims and agrees to indemnify and hold City harmless from all
claims, demands, or actions that may result directly or indirectly
from the service of water or from said service being discontinued
or interrupted for any reason during the term or at the end of
this contract.
6. Special conditions: (If none, so state.)
-2-
0
IN WITNESS WHEREOF, the City of Newport Beach has
by Resolution of the
Tc" 4? i-
corporate name to be
affixed by the Mayor
and Purchaser has ex
first above written.
City Council on the ltTZ, day of
iv -73 , authorized and directed its
signed and its corporate seal to be
and City Clerk, respectively, of the City,
acuted this contract as of the day and year
CITY OF NEWPORT BEACH
:- - By:
Mayor
,�J�1�
;l
ATTEST:
}.'FO City C er
CITY
NICOLAI & CHRIST, a partnership
By: f -, - ice-,•(
l'
Title:
Title:
PURCHASER
-3-
• •
RESOLUTION NO. " t' "
A RESOLUTION OF THE CITY CMICIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
A CONTRACT TO SERVE WATER OUTSIDE THE CITY TO
NICOLAI & CHRIST
WHEREAS, there has been presented to the City Council
a certain contract between the City of Newport Beach and
Nicolai & Crist
as Purchaser,
wherein the City agrees to sell water outside the City to said
Purchaser; and
WHEREAS, the City Council has considered the terms
and conditions of said contract and found them to be fair and
equitable;
NOW, THEREFORE, BE IT RESOLVED that the water contract
between the City of Newport Beach and said Purchaser, with a
term from July 1, 1973 , through June 30, 1974 , both dates
inclusive, is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the City
of Newport Beach.
ADOPTED this 11th day of
yor
ATTEST:
City Clerk
June
e
1973
WATER CONTRACT
THIS CONTRACT, made and entered into this io cZ, day
of eTc -tip 19123 , by and between the CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter referred
to as "City ", and ORANGE COUNTY SANITATION DISTRICT, hereinafter
referred to as "Purchaser ";
WITNESSETH:
WHEREAS, City has water in excess of that necessary
to supply the inhabitants of City and others to whom the City
has an obligation to supply water; and
WHEREAS, Section 14.04.170 of the Newport Beach
Municipal Code provides that the City may sell such excess water
outside the City on a month -to -month basis or by contract, with
reference hereby made to said Section for further particulars
and the conditions under which this contract is made; and
WHEREAS, Purchaser desires to purchase excess water
for use outside the City of Newport Beach;
NOW, THEREFORE, IN CONSIDERATION of their mutual
promises and in consideration of the City's furnishing water,
the parties agree as follows:
1. The term of this contract: shall be from July 1,
1973 , through June 30, 1974 , both dates inclusive.
2. Purchaser agrees to pay a readiness to serve charge
and water rates as set out in Sections 14.12.040 and 14.12.090,
respectively, of the Newport Beach Municipal Code as they now
exist or may during the term hereof be amended. Payments for
the water used are to be made bimonthly at the time and in the
manner provided by the Newport Beach Municipal Code and the
-1-
0 0
rules and regulations of the City.
3. Purchaser will at all times comply with all
present rules and regulations of the City pertaining to the
furnishing of water and such further rules and regulations
pertaining thereto as may be prescribed. from time to time
during the term hereof.
4. The water sold hereunder is sold only as excess
water and is sold in accordance with and subject to the pro-
visions of the Newport Beach Municipal Code, and particularly
Sections 14.04.170, 14.04.190, and 14.04.200 thereof, which
are hereby incorporated and made a part hereof by reference.
The City Council may declare at any time during the term of
this contract that the City has not sufficient excess water to
sell, and may thereupon terminate this contract by giving ten
(10) days' written notice to that effect to Purchaser.
5. None of the provisions of this contract shall
mean or be construed to mean that City is required to sell its
excess water to Purchaser or otherwise, or that such water
once furnished shall continue to be furnished. It is understood
and agreed that the water to be furnished hereunder shall be
furnished only during such time as the City Council may in its
judgment believe that the furnishing will not impair an adequate
supply for use within the City. Purchaser hereby waives all
claims and agrees to indemnify and hold City harmless from all
claims, demands, or actions that may result directly or indirectly
from the service of water or from said service being discontinued
or interrupted for any reason during the term or at the end of
this contract.
6. Special conditions: (If none, so state.)
-2-
0 0
IN WITNESS WHEREOF, the City of Newport Beach has
by Resolution of the City Council on the / /rte; day of
S'7,41c , 1q -73 , authorized and directed its
corporate name to be signed and its corporate seal to be
affixed by the Mayor and City Clerk, respectively, of the City,
and Purchaser has executed this contract as of the day and year
first above written,
CITY OF NEWPORT BEACH
Mayor
7 ATTEST:
City Clerk
CITY
ORANGE CO190Y SAWTATION DISTRICT
By. 1.
T !tle: D Eect of Finance
By:,
Title:
-3-
PURCHASER
dm
6/1/73
• 9
RESOLUTION NO. 1� 0'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
A CONTRACT TO SERVE WATER OUTSIDE THE CITY TO
THE ORANGE COUNTY SANITATION DISTRICT
WHEREAS, there has been presented to the City Council
a certain contract between the City of: Newport Beach and the
Orange County Sanitation District , as Purchaser,
wherein the City agrees to sell water outside the City to said
Purchaser; and
WHEREAS, the City Council has considered the terms
and conditions of said contract and found them to be fair and
equitable;
NOW, THEREFORE, BE IT RESOLVED that the water contract
between the City of Newport Beach and said Purchaser, with a
term from July 1, 1973 , through June: 30, 1974 , both dates
inclusive, is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the City
of Newport Beach.
ADOPTED this 11th day of June
Mayor
ATTEST:
City Clerk
1973